CnUCT'T^AR. 


’.65 


Nkw  York,  March  17,  1887. 


IN  THE  MATTER  OF  OPPOSING  THE  ARCADE  RAILWAY  COMPANY. 


The  Committee  acting  for  the  property  owners  on  Broadway  and  Madison  avenue  who  oppose 
the  Arcade  scheme  has  refrained  from  publishing  its  views  in  the  newspapers,  but  issues  this  circular 
to  apprise  its  constituents  and  other  owners  on  the  imperiled  streets  of  the  present  situation. 


THE  SUIT. 

The  Committee  is  in  no  way  changed  in  its  opinion  by  the  recent  decision  of  a  single  Judge 
at  Special  Term  refusing  to  declare  the  Act  of  1886  unconstitutional.  The  Committee  forbears  to 
discuss  the  decision,  but  has  entire  and  unimpaired  confidence,  in  which  its  counsel  fully  concur,  that 
a  decision  by  the  higher  Courts  will  overthrow  the  monstrous  provisions  of  the  statute  of  1886.  The 
case  has  been  appealed  and  the  Committee  entertains  no  doubt  whatever  that  the  rights  of  the 
property  owners  wiU  be  sustained,  and  the  pretences  of  the  Arcade  Company  forever  ended. 

A  NEW  AND  IMPORTANT  DECISION. 

The  important  decision  of  the  Court  of  Appeals  in  the  recent  case  of  Lahr  against  the  Metro¬ 
politan  Elevated  Hoad  is  equally  applicable  to  an  undergound  road.  This  decision  holds  that  abut- 
ting  property  owners  have  proprietary  rights  in  the  easements  of  light,  air  and  access  as  appur¬ 
tenant  to  the  bed  of  the  street  as  well  as  to  their  buildings,  and  are  entitled  to  protection  from  dis¬ 
turbances  of  every  kind  not  incident  to  the  ordiirary  surface  use  of  the  street.  It  holds  accordingly 
that  the  builders  of  such  a  railroad  are  liable  to  abutting  owners  for  all  damages,  direct  and  indirect 
and  these  damages,  including  loss  of  rents,  in  the  case  of  an  Arcade  Hoad,  and  especially  during  its 
construction,  would  be  enormous. 

A  DECEPTIVE  CIRCULAR. 

Your  Committee  also  calls  attention  to  a  recent  circular,  illustrated  by  diagrams,  addressed 
by  the  Arcade  Company  to  the  property-owners.  This  circular,  although  styled  a  “  correct  state¬ 
ment  is  grossly  and  dangerously  deceptive,  both  in  what  it  says  and  what  it  omits  to  say.  It 
states  that  “  the  Railway  is  restricted  to  44  feet  or  curb  to  curb,”  but  it  fails  to  say  that  the  Act 
of  1868  gives  it  the  exclusive  use  of  44  feet  where  the  roadway  is  less  than  44  feet  in  width,  as  be¬ 
tween  Madison  and  Union  Squares,  or  on  Madison  avenue,  and  gives  it  60  feet  on  Broadway  at 
Twenty-third  street  and  for  miles  above  Thirty-fourth  street.  In  other  words,  and  in  fact,  it  gives 
from  curb  to  curb  whatever  the  distance  betw^een  cui’bs,  but  wEerever  the  distance  between  curbs  is 
less  than  44  feet  it  gives  that  number  of  feet  for  its  tracks  without  I'egard  to  the  curbs. 

It  states  that  the  Act  of  1874  gave  it  35  feet,  whereas  it  gave  it  32  feet  only,  outside  measure¬ 
ment. 


y 


A 


It  states  “  That  the  space  under  the  sideioalks  is  not  taken,  but  remains  as  at  present  for  vaults, 
or  the  exclusive  use  of  the  property-oioners.”  And  in  the  conspicuous  diagrams  which  fonn  part  of  the 
circular  it  pretends  to  show  that  its  proposed  structures  will  be  confined  to  the  centre  of  the  street 
and  will  not  interfere  with  vault  rights,  sidewalks  or  approaches  to  buildings.  Its  false  pretences 
are  obvious  at  a  glance,  for  it  utterly  ignores  the  presence  or  necessity  of  side  tracks,  turnouts, 
stations,  depots,  approaches,  apertui-es  for  light  and  air,  and  spaces  for  sewers ;  all  of  which  structures 
are  authorized  by  its  charter  and  will  be  well  nigh  continuous  on  each  side  of  the  entire  roadways 
and  up  to  the  very  foundation  of  buildings. 

All  doubt  as  to  the  intention  of  the  Arcade  Company  in  this  respect  is  removed  by  the  following 
extract  from  its  Act  of  188G  (Sec.  8) :  “  com2)any  may,  at  such  points,  as  it  shall  deem  suitable 

and  necessary ,  open  or  excavate  and  use  beloxo  the  existing  swface  of  any  street,  avenue,  square  or 
“  public  place,  or  amj  side  or  crosswalk  adjacent  to  any  street,  avenue,  park,  square  or  public  place, 
“  under  or  along  which  its  roadbed  shall  run,  a  space  of  such  width  and  length  as  it  shall  require  for 
“  the  location  and  construction  of  depots  or  stations,  and  the  necessary  platforms  and  apxproaches.  In 
“  the  spaces  so  opened  or  excavated  such  company  shall  lay  substantial  footwaxjs,  and  connect  the  same 
“  by  stairicays  or  other  suitable  ways  or  means  of  communication,  icith  the  street  surface  of  any  such 
“  walk,  street,  avenue,  park  or  jnihlic  place.  Whenever  any  excavation  or  opening,  contemplated 
‘  ifi  this  section,  is  made  *  *  *  the  said  company  7nay,for  the  purpose  of  affording  light  and 

“  air  to  its  railxcays  or  statioxis,  platform.s  and  approaches  and  the  sub-surface  walks,  keep  and  main- 
“  tain  open  grated  spaces,  not  exceeding  six  feet  in  width,  from  and  along  the  hoxise  line  on  each  side 
“  of  any  street,  avenue  or  public  pdace  xinder  which  its  main  or  branch  line  shall  be  constructed." 

The  absurd  pictures  circulated  by  the  Ai’cade  Company  need  deceive  no  one.  We  must 
look  to  the  provisions  of  the  law  to  ascertain  what  the  Arcade  schemers  mean  to  do.  The  vast  sums 
of  money  and  the  political  combinations  which  secured  the  enactment  of  this  law  were  not  provided 
except  with  the  intention  of  using  the  full  powers  conferred,  although  their  use  would  bring  disas¬ 
ter  upon  public  and  private  property  of  inestimable  values. 

The  diagiam  sent  herewith  is  a  correct  exhibit  of  the  sweeping  grant  of  space  made  to  the 
Arcade  Company  by  the  Act  of  1886,  which  we  hold  to  be  xinconstitutional. 


GENERAL  COMMITTEE. 


Edmuxd  Uiuggs, 

AVii.liam  AVAldorf  Astor,  Chairman, 
S.  A'.  R.  Cruger, 

Henry  Hilton, 

Eugene  Higgins, 

A\^  D.  Sloane, 

O.  B.  Potter, 

George  G.  Willlvms,  Treasurer, 


Albon  P.  Man, 
Edward  Mitchell, 
Santiford  Hunt, 
Her.mann  H.  Cammann, 
AA'illiam  E.  Dodge, 
James  AI.  Constable, 
Charles  L.  Tiffany. 


EXECUTIA'E  coaimittee. 

O.  B.  Potter,  Chairman,  Henry  H.  Rice,  Secretary, 

38  Park  Row,  784  P>roadway, 

S.  \.  P».  Cruger,  Edward  AIitchell, 

Hermann  H.  Cammann. 


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